Itau Bank, Ltd. - ISDA
Itau Bank, Ltd. - ISDA
Itau Bank, Ltd. - ISDA
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<strong>Itau</strong> <strong>Bank</strong>, <strong>Ltd</strong>.<br />
Ju]y 22, 2009<br />
International Swaps and Derintiv:es Association, Inc.<br />
Send to: smallbang@isda.org<br />
Dear Sirs.<br />
2009 <strong>ISDA</strong> Credit Derivatives Detenl1inations Committees, Auction Settlement and<br />
Restructuring CDS Protocol .~ Adherence<br />
The purpose of this letter is to confirm our adherence to the 2009 <strong>ISDA</strong> Credit DerI'vadves<br />
Determinations Committees, Auction Settlement and Restructuring CDS Protocol as published by the<br />
International Swaps and Derivatives Association, Inc. on July 14, 2009 (the' July 2009 Protocol).<br />
This leiter constitutes, as between each other July 2009 Adhering Party and us, an Adherence Letter as<br />
referred to In the July 2009 ProtocoL The definitions and provisions contained in the July 2009<br />
Protoc.()l are il1c.orporated into this Adherence Letter, which wiH supplement and foml part of each<br />
Protocol. Covered Transaction (now or in the future) entered into between us and each other Ju]y 2009<br />
Adhering Party.<br />
If we are not It March 2009 Adhering Party as of the date hereof: this letter also (1) confirnlS our<br />
adherence to the 2009 <strong>ISDA</strong> Credit Derivatives Detenninations Committees and Auction Settlement<br />
CDS Protocol published by <strong>ISDA</strong> on March 1.2.2009 (the l\'iareh 2009 Protoc(ll),and Oi) oonstitutes,<br />
as hetween each March 2009 Adhering Party that is not It July 2009 Adhering Party and liS, an<br />
"Adherence Letter\l for purposes: ot~ and as defined in, the March 2009 ProtocoL This letter will<br />
supplement and fonl1 part of e.ad:l. "Protocol Covered Transaction'; (as that tetm is defined in the<br />
March 2009 Protocol) (nO\V orin the future) entered into between us and e.ach other March 2009<br />
Adhering Party.<br />
1. Specified Terms<br />
As betvleen each other July 2009 Adhering Party and us, the amendments in Schedule 1 of the July<br />
2009 Protocol shaH apply to Protocol Covered Transactions to which we are a party in accordance<br />
\Vit11 the tcmlS of the July 2009 ProtocoL<br />
As between each March 2009 Adhering Party that is not a J\11y 2009 Adhering Party andu8, the<br />
amendments in Schedule 1 of the March 2009 Protocol shall apply to "Protocol Covered Trallsagtions"<br />
(as that ternl is defined in the March 2009 Protocol) to which we are a party in a.ccordance with the<br />
tenns ofthe March 2009 Protoco1.<br />
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<strong>Itau</strong> <strong>Bank</strong>, <strong>Ltd</strong>.<br />
2. Appointment as Agent and Release<br />
We hereby appoint <strong>ISDA</strong> as our agent fi)[ the limited purposes of the July 2009 Protocol and March<br />
2009 Proto(Rll, as applicable, and accordingly we waive any rights and hereby'release <strong>ISDA</strong> from any<br />
claims) actions or causes of action whatsoever (whether in contract, tort or otherwise) arising out of or<br />
in any \Vay relating to this Adherence Letter or our adherence to the July 2009 Protocol and March<br />
2009 Protocol, as applicable, or any actions contemplated as being required by lSDA.<br />
3. DICe Ac",~ount Nmnber<br />
For purposes of electronic matching and counterparty recognition, out DTCC Account Number is as<br />
follows, but you understand and agree that our failure to provide any such details pursuant to this<br />
Adherence Letter "".ill not affect the legal validity and binding nature of the July 2009 Protocol and<br />
March 2009 Protocol, as applicable, with respect to us:<br />
DTce Account Number: 000063 S2<br />
4. Contact Details<br />
Our contact details for purposes ofthis Adherence Letter are:<br />
Name:l'viartinho G, Balbina<br />
Address: Av. Nayoes Unidas, 7815 ~ 9(; and - Torre 1<br />
Telephone: + 55 11 3035 6860<br />
Fax: + 55 11 32743211<br />
E-mail: rnartinho.balbina@itau.com<br />
We consent to the pubHcation of a COnfOrl"IlCd copy of this letter by <strong>ISDA</strong> and to the disclosure by<br />
<strong>ISDA</strong> of the contents of this letter.<br />
Y 01.lrs faithfully.<br />
Han <strong>Bank</strong>, <strong>Ltd</strong><br />
By:<br />
Nmne: Mario Gon~a~ves Sammarco<br />
Title: Generall\l1anager<br />
Signature: Jvtano Gonyalves Sammarco<br />
Name: Marcos Knolseisen<br />
Title: Manager ,<br />
Signature: Marcos KnoIseisen<br />
sPM .... r<br />
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